ILLINOIS POLLUTION CONTROL BOARD
August 15, 1996
IN THE MATTER OF:
)
)
PROPOSED ALTERNATIVE STANDARDS
)
R96-1
FOR COAL COMBUSTION POWER
)
(Rulemaking - Land)
GENERATING FACILITIES
1
WASTE
)
LANDFILLS; 35 Ill. Adm. Code Part 816
)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by J. Yi):
Pursuant to Section 28(a) of the Environmental Protection Act (Act) (415 ILCS
5/28(a)), we opened this rulemaking docket on the Board's own motion and adopted a First
Notice opinion and order on September 21, 1995 and a Second Notice opinion and order on
June 20, 1996. The purpose of this docket is to consider amendments to 35 Ill. Adm. Code
Parts 807, 810 and 811, Standards for New Solid Waste Landfills, and to propose new Part
816, which would codify a process to allow the use of Poz-O-Tec
2
materials as an alternative
means of satisfying the liner and cap requirements for certain chemical waste landfills. Poz-O-
Tec materials are produced through a patented stabilization process utilizing flue gas
desulfurization (FGD) sludges and ash produced by coal burning power generation facilities.
The proposed rule and amendments would allow owners of chemical waste landfills accepting
only FGD sludges and coal combustion wastes to use Poz-O-Tec as a liner and cap material, or
alternatively, would allow the monofilling of Poz-O-Tec materials for such landfills in place of
using a liner and cap.
Today’s action adopts, for Final Order, rules as amended in response to the Joint
Committee on Administrative Rules (JCAR). JCAR voted no objection to the rules based on
the agreements made on July 23, 1996.
PROCEDURAL BACKGROUND
The proposed rules mirror adjusted standards granted to Conversion Systems, Inc.
(CSI) Poz-O-Tec process and materials in dockets AS 93-4 and AS 93-5 on July 7, 1995. (In
the Matter of: Adjusted Standard for Conversion Systems' Poz-O-Tec Liners and Caps, 35 Ill.
1
The Board has changed the caption of the rulemaking in response to public comments
received after we adopted the rulemaking for First Notice on September 21, 1995.
2
The Poz-O-Tec material, process and name are a registered trademark.
2
Adm Code 811 (Liner), (July 7, 1995), AS 93-4 and In the Matter of: Adjusted Standard for
Conversion Systems' Poz-O-Tec Monofills, 35 Ill. Adm Code 811 (Monofill), (July 7, 1995),
AS 93-5.) While the Board granted CSI the relief requested in those two dockets, the
accompanying Board opinions expressed our concern that the adjusted standards impose
requirements upon entities or persons using the Poz-O-Tec process who were not parties to the
adjusted standard proceeding. Therefore, the Board opened this docket to allow affected
entities and members of the public an opportunity to consider and comment on the use of Poz-
O-Tec as an alternative to Part 811 at those landfills accepting only FGD sludges and coal
combustion wastes. In addition, opening this docket was intended to allow for the final
adoption of rules to be codified in the Administrative Code, thereby increasing their
availability to the public and allowing the Board to consider amendments or modification as
may be necessary at a future date through the rulemaking process.
The rulemaking proposal in the order accompanying this opinion consists of the
language adopted as adjusted standards in AS 93-4 and AS 93-5 with minor modifications to
create a regulation instead of an adjusted standard. Both CSI and the Environmental
Protection Agency (Agency) supported the Board's adoption of this language in those two
dockets. On September 21, 1995, the Board incorporated by reference the records in AS 93-4
and AS 93-5, as well as AS 92-9, which was incorporated by reference into those two
proceedings. Based on the information contained in those dockets, the Board found that the
grant of adjusted standards was technically justified. The Board is proposing that this language
be codified in a new Part 816, entitled "ALTERNATIVE STANDARDS FOR NEW UTILITY
WASTE LANDFILLS", at a new Subpart A at Section 816.500 et seq.
The Board held two hearings in this matter, the first on December 18, 1995, in
Springfield and the second on March 8, 1996 in Chicago.
3
At the Springfield hearing no
members of the public were in attendance and the only participants were employees of the
Agency. (Dec. Tr. at 2-3.) The Agency read a short statement into the record which outlined
its support of the proposed rulemaking but reserved its right to submit further pleadings or
testimony in the event of any substantive changes to the proposed rulemaking. (Dec. Tr. at 4.)
At the March hearing no members of the public attended. However, in addition to Agency
personal, Mr. Hilton from CSI and Mr. Cunningham representing CSI were present at the
hearing. (Mar. Tr. at 2.) At this hearing Mr. Hilton gave testimony in support of the
proposed rule and certain suggested revisions as designated in CSI Exhibit #1. (Mar. Tr. at 6-
17.)
The Board received no public comments during the course of this rulemaking outside of
the comments made at hearing by CSI.
3
The transcripts for those hearings will be referred to as “Dec. Tr. at .” and “Mar. Tr.
at .”
3
THE POZ-O-TEC PROCESS
The proposed rules would codify a process which would allow a facility which has
decided to utilize the Poz-O-Tec process two disposal options: monofilling or constructing a
liner and cap of Poz-O-Tec materials. Should such facilities choose to use the Poz-O-Tec
process, decisions as to which option to use would be dependent upon the ratio of flyash and
sludge in the waste stream. In the record incorporated herein, CSI asserts that most facilities
will be able to consistently produce high quality Poz-O-Tec materials with a permeability less
than or equal to 1 x 10
-7
cm/sec. (Pet. at 8.) These materials could be disposed of in a
monofill.
For a facility choosing to use the monofill option, the Poz-O-Tec material would
initially be stockpiled upon production, where it would begin to cure and form a cementitious
material. It would then be placed upon, or adjacent to, Poz-O-Tec materials already in the
landfill. The material would be spread in lifts, rolled to smooth, compacted, and graded so
that rainfall would run off without puddling. No liner, cap, or leachate collection system
would be required, since the Poz-O-Tec materials are impermeable and do not allow for
leachate permeation. Additionally, intermediate cover would not be required between lifts,
since newly-applied Poz-O-Tec materials will form bonds with the previously-landfilled
material, forming a monolithic mass.
However, some facilities will not generate sufficient fly ash to consistently produce
materials with a permeability less than or equal to 1 x 10
-7
cm/sec. (Pet. at 8.) Such a facility
may, therefore, choose to produce a sufficient quantity of Poz-O-Tec materials to construct a
liner and cap meeting the 1 x 10
-7
cm/sec. standard. This would be accomplished by storing
fly ash until an adequate supply is available to produce high quality Poz-O-Tec materials.
(Pet. at 8.) According to the proposed rules, the landfill would then be constructed and
operated in accordance with the chemical waste landfill rules, 35 Ill. Adm. Code Parts 811,
812 and 815.
The proposed regulations set forth criteria to allow a facility to use a Poz-O-Tec liner
which is at least five feet thick, which has a permeability of 1 x 10
-7
cm/sec. or less, and an
unconfined compressive strength of 150 psi or greater. The permeability and unconfined
compressive strength must be verified through the construction and field testing of a test pad.
The landfill must receive for disposal only FGD sludges and coal combustion wastes, and must
be constructed at least five feet above the water table. The cap could be constructed of the
same material as the liner, and must be at least three feet thick. The site owner would be
required to do site-specific contaminant modeling, groundwater modeling and assessment and
remedial action.
PROPOSED FINAL RULE
4
The proposed final rule as it appeared at Second Notice remains relatively the same.
This portion of the opinion will discuss the agreed to changes between the Board and JCAR.
4
All of the JCAR changes were non-substantive with most of the changes concerning grammar
and citation. The following is a list of some of the more extensive non-substantive changes.
Section 810.103 [Definitions]
JCAR requested the following changes be made during the Second Notice period.
1.
Delete “utilize a lime or limestone scrubber system which” and add “and which
utilize a lime or limestone scrubber system” after “coal” so that the definition
now reads:
“Coal combustion power generating facilities” means establishments which
generate electricity by combusting coal and which utilize a lime or limestone
scrubber system.
2.
Add “and” in the definition of “Geotextiles” after “drains,” and before
“collecting and”.
3.
In the definition of “Lateral expansion” after “October 9, 1993.” delete “For
the purposes of this Section” and start the sentence with “A horizontal”.
4.
In the definition of “Malodor” replace “or to unreasonably interfere” with “or
may unreasonably interfere”.
5.
In the definition of “Significant Modification” change the definition to be:
"Significant Modification" means a modification to an approved permit
issued by the Agency in accordance with Section 39 of the Act and 35
Ill. Adm. Code 813 that is required when one or more of the following
changes, (considered significant when that change is measured by one or
more parameters whose values lie outside the expected operating range
of values as specified in the permit,) are planned, occur or will occur
6.
In the definition of “Waste pile” add “of” between “disposed” and “elsewhere”
in the last sentence.
7.
In the definition of “Working face” end the definition with “of”.
4
JCAR reviews the Board order after Second Notice and often makes requests of the
Board to make certain changes to the rulemaking. The Board has the option to accept or to not
accept those requests. Since all the requested changes were non-substantive we accepted those
changes.
5
Section 810.104[Incorporations]
1.
Change the Source Note to include the Illinois Register reference.
Section 816.510(c)
1.
Change “subsection (c) of Section 816.530” to “Section 816.530(c) of this
Part”.
In addition to these changes the Board, in response to JCAR, included definitions of
“Dead animal disposal site” and “NPDES permit” in Part 810 which were adopted by the
Board in R 95-9.
ORDER
The Board hereby proposes the following regulations for Final Adoption pursuant to the IAPA.
The Board directs the Clerk to submit the following amendments to the Secretary of State.
6
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 807
SOLID WASTE
SUBPART A: GENERAL PROVISIONS
Section
807.101
Authority, Policy and Purposes
807.102
Repeals
807.103
Severability
807.104
Definitions
807.105
Relation to Other Rules
SUBPART B: SOLID WASTE PERMITS
Section
807.201
Development Permits
807.202
Operating Permits
807.203
Experimental Permits
807.204
Former Authorization
807.205
Applications for Permit
807.206
Permit Conditions
807.207
Standards for Issuance
807.208
Permit No Defense
807.209
Permit Revision
807.210
Supplemental Permits
807.211
Transfer of Permits
807.212
Permit Revocation
807.213
Design, Operation and Maintenance Criteria
807.214
Revised Cost Estimates
SUBPART C: SANITARY LANDFILLS
Section
807.301
Prohibition
807.302
Compliance with Permit
807.303
Methods of Operation
807.304
Equipment, Personnel and Supervision
807.305
Cover
807.306
Litter
807.307
Salvaging
7
807.308
Scavenging
807.309
Animal Feeding
807.310
Special Wastes
807.311
Open Burning
807.312
Air Pollution
807.313
Water Pollution
807.314
Standard Requirements
807.315
Protection of Waters of the State
807.316
Application
807.317
Operating Records
807.318
Completion or Closure Requirements
SUBPART E: CLOSURE AND POST-CLOSURE CARE
Section
807.501
Purpose, Scope and Applicability
807.502
Closure Performance Standard
807.503
Closure Plan
807.504
Amendment of Closure Plan
807.505
Notice of Closure and Final Amendment to Plan
807.506
Initiation of Closure
807.507
Partial Closure
807.508
Certification of Closure
807.509
Use of Waste Following Closure
807.523
Post-closure Care Plan
807.524
Implementation and Completion of Post-closure Care Plan
SUBPART F: FINANCIAL ASSURANCE FOR CLOSURE AND POST-CLOSURE CARE
Section
807.600
Purpose, Scope and Applicability
807.601
Requirement to Obtain Financial Assurance
807.602
Time for Submission of Financial Assurance
807.603
Upgrading Financial Assurance
807.604
Release of Financial Institution
807.605
Application of Proceeds and Appeal
807.606
Release of the Operator
807.620
Current Cost Estimate
807.621
Cost Estimate for Closure
807.622
Cost Estimate for Post-closure Care
807.623
Biennial Revision of Cost Estimate
807.624
Interim Formula for Cost Estimate
807.640
Mechanisms for Financial Assurance
807.641
Use of Multiple Financial Mechanisms
807.642
Use of Financial Mechanism for Multiple Sites
8
807.643
Trust Fund for Unrelated Sites
807.644
RCRA Financial Assurance
807.661
Trust Fund
807.662
Surety Bond Guaranteeing Payment
807.663
Surety Bond Guaranteeing Performance
807.664
Letter of Credit
807.665
Closure Insurance
807.666
Self-insurance for Non-commercial Sites
807.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Post-closure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
807.Appendix B Old Rule Numbers Referenced
AUTHORITY: Implementing Sections 5, 21.1 and 22 and authorized by Section 27 of the
Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021.1, 1022 and
1027 [415 ILCS 5/5, 21.1, 22, and 27]).
SOURCE: Adopted as an emergency rule and filed with the Secretary of State July 27, 1973;
amended at 2 Ill. Reg. 16, p. 3, effective April 10, 1978; codified at 7 Ill. Reg. 13636;
recodified from Subchapter h to Subchapter i at 8 Ill. Reg. 13198; emergency amendment in
R84-22A at 9 Ill. Reg. 741, effective January 3, 1985, for a maximum of 150 days; amended
in R84-22B at 9 Ill. Reg. 6722, effective April 29, 1985; amended in R84-22C at 9 Ill. Reg.
18942, effective November 25, 1985; amended in R84-45 at 12 Ill. Reg. 15566, effective
September 14, 1988; amended in R88-7 at 14 Ill. Reg. 15832, effective September 18, 1990;
emergency amendment in R93-25 at 17 Ill. Reg. 17268, effective September 24, 1993, for a
maximum of 150 days; amended in R90-26 at 18 Ill. Reg. 12451, effective August 1, 1994;
amended in R96-1 at Ill. Reg. , effective .
NOTE: Capitalization denotes statutory language.
SUBPART A: GENERAL PROVISIONS
Section 807.105
Relation to Other Rules
a)
Persons and facilities regulated pursuant to 35 Ill. Adm. Code 700 through 749
are not subject to the requirements of this Part or of 35 Ill. Adm. Code 811
9
through 815 and 817. However, if such a facility also contains one or more
units used solely for the disposal of solid wastes, as defined in 35 Ill. Adm.
Code 810.103, such units are subject to requirements of this Part and 35 Ill.
Adm. Code 811 through 815 and 817.
b)
Persons and facilities subject to 35 Ill. Adm. Code 807, 809 or 811 through 815
or 817 may be subject to other applicable Parts of 35 Ill. Adm. Code: Chapter
I based on the language of those other Parts. Specific examples of such
applicability are provided as explained at 35 Ill. Adm. Code 700.102.
c)
The requirements of 35 Ill. Adm. Code 810 through 815 and 817 are intended
to supersede the requirements of this Part. Persons and facilities regulated
pursuant to 35 Ill. Adm. Code 810 through 815 and 817 are not subject to the
requirements of this Part. This Part does not apply to new units as defined in
35 Ill. Adm. Code 810.103.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
10
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 810
SOLID WASTE DISPOSAL: GENERAL PROVISIONS
Section
810.101
Scope and Applicability
810.102
Severability
810.103
Definitions
810.104
Incorporations by Reference
AUTHORITY: Implementing Sections 5, 21, 21.1, 22 and ,22.17 and 28.1 and authorized by
Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1005,
1021, 1021.1, 1022, 1022.17 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15838, effective September 18, 1990; amended
in R93-10 at 18 Ill. Reg. 1268, effective January 13, 1994; amended in R90-26 at 18 Ill. Reg.
12457, effective August 1, 1994; amended in R95-9 at 19 Ill. Reg. 14427, effective September
29, 1995; amended in R96-1 at Ill. Reg. , effective .
NOTE: Capitalization indicates statutory language.
Section 810.101
Scope and Applicability
This Part applies to all solid waste disposal facilities regulated pursuant to 35 Ill. Adm. Code
811 through 815 and 817. This Part does not apply to hazardous waste management facilities
regulated pursuant to 35 Ill. Adm. Code 700 through 750.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
Section 810.102
Severability
If any provision of this Part or of 35 Ill. Adm. Code 811 through 8157 or its application to
any person or under any circumstances is adjudged invalid, such adjudication shall not affect
the validity of this Part or of 35 Ill. Adm. Code 811 through 8157 as a whole or of any
portion not adjudged invalid.
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
11
Section 810.103
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from
the context, the definition of words or terms in this Part shall be the same as that applied to the
same words or terms in the Environmental Protection Act (Act) (Ill. Rev. Stat. 1991, ch.
111½, pars. 1001 et. seq.) [415 ILCS 5 et. seq]:
"Act" means the Environmental Protection Act, Ill. Rev. Stat. 1991, ch. 111½,
pars. 1001 et. seq [415 ILCS 5].
"AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
3.08 of the Act.)
"Admixtures" are chemicals added to earth materials to improve for a specific
application the physical or chemical properties of the earth materials.
Admixtures include, but are not limited to: lime, cement, bentonite and sodium
silicate.
"AGENCY" IS THE ENVIRONMENTAL PROTECTION AGENCY
ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT. (Section
3.08 of the Act)
"Applicant" means the person, submitting an application to the Agency for a
permit for a solid waste disposal facility.
"AQUIFER" MEANS SATURATED (WITH GROUNDWATER) SOILS AND
GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO
READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER
TO WELLS, SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC
GRADIENTS and whose boundaries can be identified and mapped from
hydrogeologic data. (Section 3 of the Illinois Groundwater Protection Act (Ill.
Rev. Stat. 1989, ch. 111 1/2, par. 7453) [415 ILCS 55/3].)
"Bedrock" means the solid rock formation immediately underlying any loose
superficial material such as soil, alluvium or glacial drift.
"Beneficially usable waste" means any solid waste from the steel and foundry
industries that will not decompose biologically, burn, serve as food for vectors,
form a gas, cause an odor, or form a leachate that contains constituents that
exceed the limits for this type of waste as specified at 35 Ill. Adm. Code
817.106.
12
"BOARD" IS THE POLLUTION CONTROL BOARD ESTABLISHED BY
THE ACT. (Section 3.04 of the Act.)
"Borrow area" means an area from which earthen material is excavated for the
purpose of constructing daily cover, final cover, a liner, a gas venting system,
roadways or berms.
"Chemical waste" means a non-putrescible solid whose characteristics are such
that any contaminated leachate is expected to be formed through chemical or
physical processes, rather than biological processes, and no gas is expected to
be formed as a result.
"Coal combustion power generating facilities" means establishments which
generate electricity by combusting coal and which utilize a lime or limestone
scrubber system.
"Contaminated leachate" means any leachate whose constituent violate the
standards of 35 Ill. Adm. Code 811.202.
“Dead animal disposal site” means an on-the-farm disposal site at which the
burial of dead animals is done in accordance with the Illinois Dead Animal Act,
225 ILCS 610, and regulations adopted pursuant thereto, 8 Ill. Adm. Code 90.
"Design Period" means that length of time determined by the sum of the
operating life of the solid waste landfill facility plus the postclosure care period
necessary to stabilize the waste in the units.
"DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION,
DUMPING, SPILLING, LEAKING OR PLACING OF ANY SOLID WASTE
INTO OR ON ANY LAND OR WATER OR INTO ANY WELL SUCH THAT
SOLID WASTE OR ANY CONSTITUENT OF THE SOLID WASTE MAY
ENTER THE ENVIRONMENT BY BEING EMITTED INTO THE AIR OR
DISCHARGED INTO ANY WATERS, INCLUDING GROUNDWATER.
(Section 3.08 of the Act.) If the solid waste is accumulated and not confined or
contained to prevent its entry into the environment, or there is no certain plan
for its disposal elsewhere, such accumulation shall constitute disposal.
"Disturbed areas" means those areas within a facility that have been physically
altered during waste disposal operations or during the construction of any part
of the facility.
"Documentation" means items, in any tangible form, whether directly legible or
legible with the aid of any machine or device, including but not limited to
affidavits, certificates, deeds, leases, contracts or other binding agreements,
licenses, permits, photographs, audio or video recordings, maps, geographic
13
surveys, chemical and mathematical formulas or equations, mathematical and
statistical calculations and assumptions, research papers, technical reports,
technical designs and design drawings, stocks, bonds and financial records, that
are used to support facts or hypotheses.
"Earth liners" means structures constructed from naturally occurring soil
material that has been compacted to achieve a low permeability.
"Existing facility" or "Existing unit" means a facility or unit which is not
defined in this Section as a new facility or a new unit.
"EXISTING MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE
LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE BEFORE
OCTOBER 9, 1993. (Section 3.87 of the Act)
"Facility" means a site and all equipment and fixtures on a site used to treat,
store or dispose of solid or special wastes. A facility consists of an entire solid
or special waste treatment, storage or disposal operation. All structures used in
connection with or to facilitate the waste disposal operation shall be considered
a part of the facility. A facility may include, but is not limited to, one or more
solid waste disposal units, buildings, treatment systems, processing and storage
operations, and monitoring stations.
"Field capacity" means that maximum moisture content of a waste, under field
conditions of temperature and pressure, above which moisture is released by
gravity drainage.
"Foundry sand" means pure sand or a mixture of sand and any additives
necessary for use of the sand in the foundry process, but does not include such
foundry process by-products as air pollution control dust or refractories.
"Gas collection system" means a system of wells, trenches, pipes and other
related ancillary structures such as manholes, compressor housing, and
monitoring installations that collects and transports the gas produced in a
putrescible waste disposal unit to one or more gas processing points. The flow
of gas through such a system may be produced by naturally occurring gas
pressure gradients or may be aided by an induced draft generated by mechanical
means.
"Gas condensate" means the liquid formed as a landfill gas is cooled or
compressed.
"Gas venting system" means a system of wells, trenches, pipes and other related
structures that vents the gas produced in a putrescible waste disposal unit to the
atmosphere.
14
"Geomembranes" means manufactured membrane liners and barriers of low
permeability used to control the migration of fluids or gases.
"Geotextiles" are permeable manufactured materials used for purposes which
include, but are not limited to, strengthening soil, providing a filter to prevent
clogging of drains, and collecting and draining liquids and gases beneath the
ground surface.
"GROUNDWATER" MEANS UNDERGROUND WATER WHICH OCCURS
WITHIN THE SATURATED ZONE AND WITHIN GEOLOGIC
MATERIALS WHERE THE FLUID PRESSURE IN THE PORE SPACE IS
EQUAL TO OR GREATER THAN ATMOSPHERIC PRESSURE. (Section 3
of the Illinois Groundwater Protection Act)
"HOUSEHOLD WASTE" MEANS ANY SOLID WASTE (INCLUDING
GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS)
DERIVED FROM HOUSEHOLDS (INCLUDING SINGLE AND MULTIPLE
RESIDENCES, HOTELS AND MOTELS, BUNKHOUSES, RANGER
STATIONS, CREW QUARTERS, CAMPGROUNDS, PICNIC GROUNDS,
AND DAY-USE RECREATION AREAS). (Section 3.89 of the Act)
"Hydraulic barriers" means structures designed to prevent or control the seepage
of water. Hydraulic barriers include, but are not limited to, cutoff walls, slurry
walls, grout curtains and liners.
"Inert waste" means any solid waste that will not decompose biologically, burn,
serve as food for vectors, form a gas, cause an odor, or form a contaminated
leachate, as determined in accordance with Section 35 Ill. Adm. Code
811.202(b). Such inert wastes shall include only non-biodegradable and non-
putrescible solid wastes. Inert wastes may include, but are not limited to,
bricks, masonry and concrete (cured for 60 days or more).
"Iron slag" means slag.
"Land application unit" means an area where wastes are agronomically spread
over or disked into land or otherwise applied so as to become incorporated into
the soil surface. For the purposes of this Part and 35 Ill. Adm. Code 811
through 815, a land application unit is not a landfill; however, other Parts of 35
Ill. Adm. Code: Chapter I may apply, and may include the permitting
requirements of 35 Ill. Adm. Code 309.
"Landfill" means a unit or part of a facility in or on which waste is placed and
accumulated over time for disposal, and which is not a land application unit, a
surface impoundment or an underground injection well. For the purposes of
15
this Part and 35 Ill. Adm. Code 811 through 815, landfills include waste piles,
as defined in this Section.
"LATERAL EXPANSION" MEANS A HORIZONTAL EXPANSION OF
THE ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT
OCCURRING ON OR AFTER OCTOBER 9, 1993. FOR PURPOSES OF
THIS SECTION, A HORIZONTAL EXPANSION IS ANY AREA WHERE
SOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPON
THE BOTTOM LINER OF THE UNIT, EXCLUDING SIDE SLOPES ON OR
AFTER OCTOBER 9, 1993. (Section 3.88 Of the Act)
"Leachate" means liquid that has been or is in direct contact with a solid waste.
"Lift" means an accumulation of waste which is compacted into a unit and over
which cover is placed.
"Low risk waste" means any solid waste from the steel and foundry industries
that will not decompose biologically, burn, serve as food for vectors, form a
gas, cause an odor, or form a leachate that contains constituents that exceed the
limits for this type of waste as specified at 35 Ill. Adm. Code 817.106.
"Malodor" means an odor caused by ONE OR MORE CONTAMINANT
EMISSIONS INTO THE ATMOSPHERE FROM A FACILITY THAT IS IN
SUFFICIENT QUANTITIES AND OF SUCH CHARACTERISTICS AND
DURATION AS TO BE described as malodorous and which may be
INJURIOUS TO HUMAN, PLANT, OR ANIMAL LIFE, TO HEALTH, OR
TO PROPERTY, OR TO may UNREASONABLY INTERFERE WITH THE
ENJOYMENT OF LIFE OR PROPERTY. (Section 3.02 of the Act (defining
"air pollution").)
"MUNICIPAL SOLID WASTE LANDFILL UNIT" OR "MSWLF UNIT"
MEANS A CONTIGUOUS AREA OF LAND OR AN EXCAVATION THAT
RECEIVES HOUSEHOLD WASTE, AND THAT IS NOT A LAND
APPLICATION, SURFACE IMPOUNDMENT, INJECTION WELL, OR
ANY PILE OF NONCONTAINERIZED ACCUMULATIONS OF SOLID,
NONFLOWING WASTE THAT IS USED FOR TREATMENT OR
STORAGE. A MSWLF UNIT MAY ALSO RECEIVE OTHER TYPES OF
RCRA SUBTITLE D WASTES, SUCH AS COMMERCIAL SOLID WASTE,
NONHAZARDOUS SLUDGE, SMALL QUANTITY GENERATOR WASTE
AND INDUSTRIAL SOLID WASTE. SUCH A LANDFILL MAY BE
PUBLICLY OR PRIVATELY OWNED OR OPERATED. A MSWLF UNIT
MAY BE A NEW MSWLF UNIT, AN EXISTING MSWLF UNIT OR A
LATERAL EXPANSION. A SANITARY LANDFILL IS SUBJECT TO
REGULATION AS A MSWLF IF IT RECEIVES HOUSEHOLD WASTE.
(Section 3.85 of the Act)
16
"National Pollutant Discharge Elimination System" or "NPDES" means the
program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits and imposing and enforcing pretreatment
requirements under the Clean Water Act (33 U.S.C. 1251 et seq.), Section 12(f)
of the Environmental Protection Act and 35 Ill. Adm. Code 309.Subpart A and
310. "NPDES permit" means a permit issued under the NPDES program.
“NPDES permit” means a permit issued under the NPDES program
"New facility" or "New unit" means a solid waste landfill facility or a unit at a
facility, if one or more of the following conditions apply:
It is a landfill or unit exempt from permit requirements pursuant to
Section 21(d) of the Act that has not yet accepted any waste as of
September 18, 1990;
It is a landfill or unit not exempt from permit requirements pursuant to
Section 21(d) of the Act that has no development or operating permit
issued by the Agency pursuant to 35 Ill. Adm. Code 807 as of
September 18, 1990; or
It is a landfill with a unit whose maximum design capacity or lateral
extent is increased after September 18, 1990.
BOARD NOTE: A new unit located in an existing facility shall be considered a
unit subject to 35 Ill. Adm. Code 814, which references applicable requirements
of 35 Ill. Adm. Code 811.
"NEW MSWLF UNIT" MEANS ANY MUNICIPAL SOLID WASTE
LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE ON OR
AFTER OCTOBER 9, 1993 FOR THE FIRST TIME. (Section 3.86 of the
Act)
"One hundred (100) year flood plain" means any land area which is subject to a
one percent or greater chance of flooding in a given year from any source.
"One hundred (100) year, 24 hour precipitation event" means a precipitation
event of 24 hour duration with a probable recurrence interval of once in 100
years.
"Operator" means the person responsible for the operation and maintenance of a
solid waste disposal facility.
17
"Owner" means a person who has an interest, directly or indirectly, in land,
including a leasehold interest, on which a person operates and maintains a solid
waste disposal facility. The "owner" is the "operator" if there is no other
person who is operating and maintaining a solid waste disposal facility.
"Perched watertable " means an elevated watertable above a discontinuous
saturated lens, resting on a low permeability (such as clay) layer within a high
permeability (such as sand) formation.
"Permit area" means the entire horizontal and vertical region occupied by a per-
mitted solid waste disposal facility.
"PERSON" IS ANY INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP,
FIRM, COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK
COMPANY, TRUST, ESTATE, POLITICAL SUBDIVISION, STATE
AGENCY, OR ANY OTHER LEGAL ENTITY, OR THEIR LEGAL
REPRESENTATIVE, AGENT OR ASSIGNS. (Section 3.26 of the Act.)
"Potentially usable waste" means any solid waste from the steel and foundry
industries that will not decompose biologically, burn, serve as food for vectors,
form a gas, cause an odor, or form a leachate that contains constituents that
exceed the limits for this type of waste as specified at 35 Ill. Adm. Code
817.106.
"Poz-O-Tec materials" means materials produced by a stabilization process
patented by Conversion Systems, Inc. utilizing flue gas desulfurization (FGD)
sludges and ash produced by coal combustion power generation facilities as raw
materials.
"Poz-O-Tec monofill" means a landfill in which solely Poz-O-Tec materials are
placed for disposal.
"Professional engineer" means a person who has registered and obtained a seal
pursuant to "The Illinois Professional Engineering Practice Act of 1989" (Ill.
Rev. Stat 1989, ch. 111, par. 5101 et seq.) [225 ILCS 325/1 set seq].
"Professional land surveyor" means a person who has received a certificate of
registration and a seal pursuant to "Illinois Professional The Land Surveyors Act
of 1989" (Ill. Rev. Stat. 1989, ch. 111, par. 3201 et seq.) [225 ILCS 330/1 et
seq].
"Putrescible waste" means a solid waste that contains organic matter capable of
being decomposed by microorganisms so as to cause a malodor, gases, or other
offensive conditions, or which is capable of providing food for birds and
vectors. Putrescible wastes may form a contaminated leachate from
18
microbiological degradation, chemical processes, and physical processes. Pu-
trescible waste includes, but is not limited to, garbage, offal, dead animals,
general household waste, and commercial waste. All solid wastes which do not
meet the definitions of inert or chemical wastes shall be considered putrescible
wastes.
"Publicly owned treatment works" or "POTW" means a treatment works that is
owned by the State of Illinois or a unit of local government. This definition
includes any devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastewater. It also includes
sewers, pipes and other conveyances only if they convey wastewater to a POTW
treatment plant. The term also means the unit of local government which has
jurisdiction over the indirect discharges to and the discharges from such a
treatment works.
"RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS
THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L.
94-580 Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90
of the Act)
"Recharge zone" means an area through which water can enter an aquifer.
"RESOURCE CONSERVATION RECOVERY ACT" or "RCRA" MEANS
THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L.
94-580 Codified as 42 USC. §§ 6901 et seq.) AS AMENDED. (Section 3.90
of the Act)
"Responsible charge," when used to refer to a person, means that the person is
normally present at a waste disposal site; directs the day-to-day overall
operation at the site; and either is the owner or operator or is employed by or
under contract with the owner or operator to assure that the day-to-day
operations at the site are carried out in compliance with any Part of 35 Ill.
Adm. Code: Chapter I governing operations at waste disposal sites.
"Runoff" means water resulting from precipitation that flows overland before it
enters a defined stream channel, any portion of such overland flow that
infiltrates into the ground before it reaches the stream channel, and any
precipitation that falls directly into a stream channel.
"Salvaging" means the return of waste materials to use, under the supervision of
the landfill operator, so long as the activity is confined to an area remote from
the operating face of the landfill, it does not interfere with or otherwise delay
the operations of the landfill, and it results in the removal of all materials for
salvaging from the landfill site daily or separates them by type and stores them
19
in a manner that does not create a nuisance, harbor vectors or cause an unsightly
appearance.
"Scavenging" means the removal of materials from a solid waste management
facility or unit which is not salvaging.
"Seismic Slope Safety Factor" means the ratio between the resisting forces or
moments in a slope and the driving forces or moments that may cause a massive
slope failure during an earthquake or other seismic event such as an explosion.
"Settlement" means subsidence caused by waste loading, changes in
groundwater level, chemical changes within the soil and adjacent operations
involving excavation.
"Shredding" means the mechanical reduction in particle sizes of solid waste.
Putrescible waste is considered shredded if 90 percent of the waste by dry
weight passes a 3 inch sieve.
"Significant Modification" means a modification to an approved permit issued
by the Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code
813 that is required when one or more of the following changes, (considered
significant when that change is measured by one or more parameters whose
values lie outside the expected operating range of values as specified in the
permit,) are planned, occur or will occur:
An increase in the capacity of the waste disposal unit over the permitted
capacity;
Any change in the placement of daily, intermediate or final cover;
A decrease in performance, efficiency or longevity of the liner system;
A decrease in efficiency or performance of the leachate collection sys-
tem;
A change in configuration, performance, or efficiency of the leachate
management system;
A change in the final disposition of treated effluent or in the quality of
the discharge from the leachate treatment or pretreatment system;
Installation of a gas management system, or a decrease in the efficiency
or performance of an existing gas management system;
20
A change in the performance or operation of the surface water control
system;
A decrease in the quality or quantity of data from any environmental
monitoring system;
A change in the applicable background concentrations or the maximum
allowable predicted concentrations;
A change in the design or configuration of the regraded area after
development or after final closure;
A change in the amount or type of postclosure financial assurance;
Any change in the permit boundary;
A change in the postclosure land use of the property;
A remedial action necessary to protect groundwater;
Transfer of the permit to a new operator;
Operating authorization is being sought to place into service a structure
constructed pursuant to a construction quality assurance program; or
A change in any requirement set forth as a special condition in the
permit.
"Slag" means the fused agglomerate which separates in the iron and steel
production and floats on the surface of the molten metal.
"Sole source aquifer" means those aquifers designated pursuant to Section
1424(e) of the Safe Drinking Water Act of 1974, (42 U.S.C 300h-3).
"Solid Waste" means a waste that is defined in this Section as an inert waste, as
a putrescible waste, as a chemical waste or as a special waste, and which is not
also defined as a hazardous waste pursuant to 35 Ill. Adm. Code 721.
"SPECIAL WASTE" MEANS ANY INDUSTRIAL PROCESS WASTE,
POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS
DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35 Ill.
Adm. Code 808. (Section 3.45 of the Act.)
"Static Safety Factor" means the ratio between resisting forces or moments in a
slope and the driving forces or moments that may cause a massive slope failure.
21
"Steel slag" means slag.
"Surface impoundment" means a natural topographic depression, a man-made
excavation, or a diked area into which flowing wastes, such as liquid wastes or
wastes containing free liquids, are placed. For the purposes of this Part and 35
Ill. Adm. Code 811 through 815, a surface impoundment is not a landfill.
Other Parts of 35 Ill. Adm. Code: Chapter I may apply, including the
permitting requirements of 35 Ill. Adm. Code 309.
"Twenty-five (25) year, 24 hour precipitation event" means a precipitation event
of 24 hour duration with a probable recurrence interval of once in 25 years.
"Uppermost aquifer" means the first geologic formation above or below the
bottom elevation of a constructed liner or wastes, where no liner is present,
which is an aquifer, and includes any lower aquifer that is hydraulically
connected with this aquifer within the facility's permit area.
"Unit" means a contiguous area used for solid waste disposal.
"Unit of local government" means a unit of local government, as defined by
Article 7, Section 1 of the Illinois Constitution. A unit of local government
may include, but is not limited to, a municipality, a county, or a sanitary
district.
"Waste pile" means an area on which non-containerized masses of solid, non
flowing wastes are placed for disposal. For the purposes of this Part and 35 Ill.
Adm. Code 811 through 815, a waste pile is a landfill, unless the operator can
demonstrate that the wastes are not accumulated over time for disposal. At a
minimum, such demonstration shall include photographs, records or other
observable or discernable information, maintained on a yearly basis, that show
that within the preceding year the waste has been removed for utilization or
disposed disposal elsewhere.
"Waste stabilization" means any chemical, physical or thermal treatment of
waste, either alone or in combination with biological processes, which results in
a reduction of microorganisms, including viruses, and the potential for
putrefaction.
"Working face" means any part of a landfill where waste is being disposed of.
"Zone of attenuation" is the three dimensional region formed by excluding the
volume occupied by the waste placement from the smaller of the volumes
resulting from vertical planes drawn to the bottom of the uppermost aquifer at
the property boundary or 100 feet from the edge of one or more adjacent units.
22
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
Section 810.104
Incorporations by Reference
a)
The Board incorporates the following material by reference:
1)
Code of Federal Regulations:
40 CFR 141.40 (1988).
40 CFR 258.Appendix II (1992).
2)
American Institute of Certified Public Accountants, 1211 Avenue of the
Americas, New York NY 10036:
Auditing Standards-Current Text, August 1, 1990 Edition.
3)
ASTM. American Society for Testing and Materials, 1976 Race Street,
Philadelphia PA 19103, (215) 299-5585 (610) 832-9585:
Method D2234-76, Test Method for Collection of Gross Samples
of Coal.
Method D3987-85, Standard Test Method for Shake Extraction of
Solid Waste with Water.
Method D5102, Standard Test Method for Unconfined
Compressive Strength of Cohesive Soils (1990).
4)
U.S. Government Printing Office, Washington, D.C. 20402, Ph: (202)
783-3238:
Test Methods for Evaluating Solid Waste, Physical/Chemical
methods Methods, EPA Publication SW-846 (Third Edition,
1986 as amended by Update I) (November, 1990)
5)
U.S. Army Corps of Engineers, Publication Department, 2803 52nd
Ave., Hyattville, Maryland 20781, (301) 394-0081:
Engineering Manual 1110-2-1906 Appendix VII, Falling-Head
Permeability Test with Permeameter Cylinder (1986).
b)
This incorporation includes no later amendments or editions.
23
(Source: Amended at 19 Ill. Reg. 14427, effective September 29, 1995)
24
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section
811.101
Scope and Applicability
811.102
Location Standards
811.103
Surface Water Drainage
811.104
Survey Controls
811.105
Compaction
811.106
Daily Cover
811.107
Operating Standards
811.108
Salvaging
811.109
Boundary Control
811.110
Closure and Written Closure Plan
811.111
Postclosure Maintenance
SUBPART B: INERT WASTE LANDFILLS
Section
811.201
Scope and Applicability
811.202
Determination of Contaminated Leachate
811.203
Design Period
811.204
Final Cover
811.205
Final Slope and Stabilization
811.206
Leachate Sampling
811.207
Load Checking
SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section
811.301
Scope and Applicability
811.302
Facility Location
811.303
Design Period
811.304
Foundation and Mass Stability Analysis
811.305
Foundation Construction
811.306
Liner Systems
811.307
Leachate Drainage System
811.308
Leachate Collection System
25
811.309
Leachate Treatment and Disposal System
811.310
Landfill Gas Monitoring
811.311
Landfill Gas Management System
811.312
Landfill Gas Processing and Disposal System
811.313
Intermediate Cover
811.314
Final Cover System
811.315
Hydrogeological Site Investigations
811.316
Plugging and Sealing of Drill Holes
811.317
Groundwater Impact Assessment
811.318
Design, Construction, and Operation of Groundwater Monitoring Systems
811.319
Groundwater Monitoring Programs
811.320
Groundwater Quality Standards
811.321
Waste Placement
811.322
Final Slope and Stabilization
811.323
Load Checking Program
811.324
Corrective Action Measures for MSWLF Units
811.325
Selection of Remedy for MSWLF Units
811.326
Implementation of the corrective action program at MSWLF Units
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
Scope and Applicability
811.402
Notice to Generators and Transporters
811.403
Special Waste Manifests
811.404
Identification Record
811.405
Recordkeeping Requirements
811.406
Procedures for Excluding Regulated Hazardous Wastes
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
811.501
Scope and Applicability
811.502
Duties and Qualifications of Key Personnel
811.503
Inspection Activities
811.504
Sampling Requirements
811.505
Documentation
811.506
Foundations and Subbases
811.507
Compacted Earth Liners
811.508
Geomembranes
811.509
Leachate Collection Systems
SUBPART G: FINANCIAL ASSURANCE
Section
26
811.700
Scope, Applicability and Definitions
811.701
Upgrading Financial Assurance
811.702
Release of Financial Institution
811.703
Application of Proceeds and Appeals
811.704
Closure and Postclosure Care Cost Estimates
811.705
Revision of Cost Estimate
811.706
Mechanisms for Financial Assurance
811.707
Use of Multiple Financial Mechanisms
811.708
Use of a Financial Mechanism for Multiple Sites
811.709
Trust Fund for Unrelated Sites
811.710
Trust Fund
811.711
Surety Bond Guaranteeing Payment
811.712
Surety Bond Guaranteeing Performance
811.713
Letter of Credit
811.714
Closure Insurance
811.715
Self-Insurance for Non-commercial Sites
811.Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Postclosure Care
Illustration G
Operator's Bond Without Surety
Illustration H
Operator's Bond With Parent Surety
Illustration I
Letter from Chief Financial Officer
811.Appendix B
Section-by-Section Correlation Between the Requirements of the Federal
MSWLF Regulations at 40 CFR 258 (1992) and the Requirements of
Parts 810 through 814.
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 22.40 and 28.1 and authorized
by Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars.
1005, 1021, 1021.1, 1022, 1022.17, 1028.1 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17,
22.40, 28.1 and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15861, effective September 18, 1990; amended
in R92-19 at 17 Ill. Reg. 12413, effective July 19, 1993; amended in R93-10 at 18 Ill. Reg.
1308, effective January 13, 1994; expedited correction at 18 Ill. Reg. 7504, effective July 19,
1993; amended in R90-26 at 18 Ill. Reg. 12481, effective August 1, 1994; amended in R96-1
at Ill. Reg. , effective .
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
27
Section 811.101
Scope and Applicability
a)
The standards of this Part apply to all new landfills, except as otherwise
provided in 35 Ill. Adm. Code 816 and 817, and except those regulated
pursuant to 35 Ill. Adm. Code 700 through 749. Subpart A contains general
standards applicable to all new landfills. Subpart B contains additional
standards for new landfills which dispose of only inert wastes. Subpart C
contains additional standards for new landfills which dispose of chemical and
putrescible wastes.
b)
All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
c)
Standards for Municipal Solid Waste landfills
1)
The standards of this Part also apply to all new MSWLF units, as
defined at 35 Ill. Adm. Code 810.103. The standards for the new
MSWLF units include:
A)
The standards applicable to new landfills pursuant to subsection
(a); and
B)
The standards adopted in this part that are identical-in-substance
to the federal regulations promulgated by the U.S. Environmental
Protection Agency pursuant Sections 4004 and 4010 of the RCRA
relating to MSWLF program. Such standards are individually
indicated as applicable to MSWLF units.
2)
The Appendix Table 811.Appendix B provides a Section-by-Section
correlation between the requirements of the federal MSWLF regulations
at 40 CFR 258 (1992) and the requirements of this Part.
3)
An owner or operator of a MSWLF unit shall also comply with any
other applicable Federal rules, laws, regulations, or other requirements.
BOARD NOTE: Subsection (c)(3) is derived from 40 CFR 258.3
(1992).
(Source: Amended at 19 Ill. Reg. _________, effective ______________________)
28
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: WASTE DISPOSAL
SUBCHAPTER I: SOLID WASTE AND SPECIAL WASTE HAULING
PART 816
ALTERNATIVE STANDARDS FOR COAL COMBUSTION POWER GENERATING
FACILITIES WASTE LANDFILLS
Section
816.500
Scope and Applicability
816.510
Poz-O-Tec Liners and Caps
816.520
Poz-O-Tec Monofills
816.530
Testing of Poz-O-Tec Liners and Caps, and Poz-O-Tec Monofills
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and
27].
SOURCE: Adopted in R96-1 at 19 Ill. Reg. , effective .
Section 816.500
Scope and Applicability
a)
Except as otherwise specified in this Subpart, landfills receiving solely flue gas
desulfurization (FGD) sludges and coal combustion wastes produced by coal
combustion power generating facilities shall be designed, constructed and
operated in compliance with all applicable requirements of 35 Ill. Adm. Code
811, 812 and 815.
b)
All general provisions of 35 Ill. Adm. Code 810 apply to this Part.
Section 816.510
Poz-O-Tec Liners and Caps
Notwithstanding the liner and cap requirements set forth at 35 Ill. Adm. Code 811.306,
811.314 (solely to the extent that it may preclude Poz-O-Tec materials from being used as a
landfill cap or liner) and 811.507(a)(5), FGD sludges and coal combustion waste produced by
coal combustion power generating facilities may be used for liner or cap construction for the
purposes of Subpart C of Part 811, provided that:
a)
These raw FGD sludges and coal combustion wastes have been processed into
Poz-O-Tec materials;
29
b)
The permeability of the liner constructed of Poz-O-Tec material is demonstrated
to be less than or equal to 1 x 10
-7
cm/sec after placement and curing based
upon a geometric average of the permeability testing results prior to the
placement of any waste upon the liner;
c)
The Poz-O-Tec material has an unconfirmed compressive strength of greater
than or equal to 150 psi based upon an arithmetic average of the strength testing
results obtained in accordance with Section 816.530(c) of this Part;
d)
The bottom liner has a minimum thickness of three feet but this thickness may
be increased as necessary to make the demonstrations required by 35 Ill. Adm.
Code 812 or 815;
e)
The base of the liner is constructed at least five feet above the average historical
groundwater table;
f)
Only coal combustion wastes and FGD sludges produced from power generating
facilities are placed into the landfill;
g)
A final cover system is installed in accordance with the requirements of 35 Ill.
Adm. Code 811.314 except that the low permeability layer of the cap shall
consist of Poz-O-Tec materials which are at least three feet thick;
h)
The material testing procedures specified in Section 816.530 are implemented;
i)
The landfill is designed, constructed and operated in compliance with all
applicable requirements of 35 Ill. Adm. Code 811, 812 and 815;
j)
The bottom liner and low permeability layer of the cap are constructed
according to a construction quality assurance program in accordance with 35 Ill.
Adm. Code 811.Subpart E;
k)
An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
811.317(b), 812.316, 813.304, or 815.203, as appropriate for the given facility,
is submitted to the Agency by the owner or operator;
l)
A test liner is constructed by the owner or operator, so that all that remains is
the curing of the test liner, before construction of the actual full-scale liner of
Poz-O-Tec material may commence, in accordance with 35 Ill. Adm. Code
811.507(a)(1) through (4). The test liner must be fully evaluated in accordance
with Section 816.530 and the results must be provided to the Agency. If the
test liner evaluation results indicate a failure of the test liner to meet any of the
performance standards in this Section, and if the Agency so directs, the user
must excavate and properly dispose of all Poz-O-Tec liners at the site, as well as
any waste deposited in and around such liners; and
30
m)
Owners or operators using Poz-O-Tec materials in accordance with this Section
shall comply with the Illinois Environmental Protection Act (415 ILCS 5/1 et
seq.) and 35 Ill. Adm. Code 807, 810, and 811, to the extent those provisions
are not otherwise addressed herein.
Section 816.520
Poz-O-Tec Monofills
Any monofill receiving solely FGD sludges and coal combustion wastes produced by coal
combustion power generating facilities shall be exempt from the requirements of 35 Ill. Adm.
Code 811.105 (solely as it relates to the placement of wastes at the lowest part of the active
face), 811.306, 811.307, 811.308, 811.309, 811.313 (solely as it relates to soil cover),
811.314(b)(3)(C) (solely to the extent that it may preclude Poz-O-Tec materials from being
used as a landfill cap) and 811.321 (relating solely to waste placement), provided that:
a)
The FGD sludges and coal combustion wastes have been processed into Poz-O-
Tec materials;
b)
The permeability of the liner constructed of Poz-O-Tec material is demonstrated
to be less than or equal to 1 x 10
-7
cm/sec after placement and curing based
upon a geometric average of those cylinders tested for permeability which were
formed from a single sample in accordance with Section 816.530(b);
c)
The Poz-O-Tec material has an unconfined compressive strength of greater than
or equal to 150 psi using an arithmetic average of the strength testing results
obtained in accordance with Section 816.530;
d)
The base of the monofill is constructed at least five feet above the average
historical groundwater table;
e)
A monofill liner and low permeability cap is constructed from the Poz-O-Tec
materials as described in Section 816.510;
f)
A drainage layer is constructed atop the monofill liner which has a permeability
greater than or equal to 1 x 10
-3
cm/sec which extends over the entire liner
system of the monofill;
g)
The material is placed in such a manner that it will form a monolithic block
through placement of the material in one to two foot lifts, which are compacted,
rolled to smooth and graded and sloped such that any rainfall rapidly runs off
the upper surface without puddling;
h)
At all times a berm is maintained around three sides of the landfill mass and the
grading is such that the run-off is directed toward the open side where it is
31
collected for reuse or treated (if necessary) and discharged pursuant to an
NPDES permit;
i)
The material testing procedures specified in Section 816.530 are implemented;
j)
Construction of the full scale monofill may commence immediately upon
completion of the test pad;
k)
An acceptable groundwater impact assessment pursuant to 35 Ill. Adm. Code
811.371(b), 812.316, 813.304, or 815.203, as appropriate for the given facility,
is prepared; and
l)
Owners or operators using the Poz-O-Tec materials in accordance with this
section shall comply with the Illinois Environmental Protection Act [415 ILCS
5] and 35 Ill. Adm. Code 811, to the extent those provisions are not otherwise
addressed herein.
Section 816.530
Testing of Poz-O-Tec Liners and Caps and Poz-O-Tec Monofills
The owner or operator shall implement the following material testing procedures for testing
Poz-O-Tec liners and caps and Poz-O-Tec Monofills:
a)
Creation and Sampling of Test Pad
1)
The owner or operator shall construct a test pad in accordance with 35
Ill. Adm. Code 811.507(a), unless such construction is waived by the
Agency pursuant to subsection (b) of that section;
2)
The test pad shall be allowed to cure for 56 days at 73
o
Fahrenheit (or
equivalent cure);
3)
After curing, fifty samples shall be taken using a 4 inch diameter coring
bit; and
4)
The specimens shall be trimmed to proctor cylinder size utilizing an
abrasive blade masonry saw, and tested for unconfined compressive
strength and coefficient of permeability as described in subsection C,
below. Of the specimens taken from the pad, 20 shall be analyzed for
their coefficient of permeability and 30 shall be analyzed for their
unconfined compressive strength.
b)
Collection of Production Samples
The owner or operator shall collect samples from the production of Poz-O-Tec in the
following manner:
32
1)
Utilizing a large scoop, five gallon buckets of freshly produced material
shall be collected at uniform intervals during construction of the test pad
and shipped to a laboratory for analysis.
2)
Five proctor cylinder specimens shall be prepared from each bucket of
freshly produced material. Three of these five cylinders shall be tested
for unconfined compressive strength and the other two shall be tested for
permeability.
3)
Additional uncured samples shall be taken as necessary for preparation
and testing to determine moisture content, lime content, the ratio of fly
ash to sludge and in-place density. Testing for these parameters shall be
conducted in accordance with standard test methods.
c)
Strength and Permeability Testing
1)
Uncured samples shall be taken to a laboratory, placed into proctor
cylinders, compacted to simulate field conditions, cured in sealed
containers for 56 days at 73
o
(or equivalent cure) and tested for
coefficient of permeability and unconfined strength using the following
test methods, which are incorporated by reference in 35 Ill. Adm. Code
810.104:
A)
U.S. Army Corps of Engineers Engineering Manual
1110-2-1906 Appendix VII, Falling-Heal Permeability
Test with Permeameter Cylinder.
B)
ASTM Method D5102; Standard Method for Unconfined
Compressive Strength of Cohesive Soils.
2)
Field samples shall be tested using the same methods as specified in
subsection (c)(1) above.
d)
Data Correlation
Laboratory data and field data shall be compared to determine any
statistically significant differences using standard statistical correlation
methodologies.
e)
Subsequent Testing
Upon completion of field verification, as described above in (c)(2), the
owner or operator of the site shall conduct quality control/quality
assurance testing by taking monthly samples of freshly produced Poz-O-
33
Tec materials and sending those samples to a laboratory where they shall
be formed into proctor cylinder specimens for testing. Two of those
samples shall be tested for their coefficient of permeability, three for
unconfined compressive strength, and one each for the parameters set
forth in subsection (b)(3) above. Laboratory testing for permeability and
strength must be conducted in accordance with the test methods
referenced in subsection (c) above. Test results must demonstrate a
coefficient of permeability of less than or equal to 1 x 10
-7
cm/sec using
a geometric average of the permeability testing results, and an
unconfined compressive strength of greater than or equal to 150 psi
using an arithmetic average of the strength testing results.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
of ______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board